Please help in answering this. I am desperate

[djones9714]

Please provide me some input. I spoke with our attorney today about my daughter filing an I-130. The attorney said something to me that has me very upset because this is the first time I have heard of this. He said that when my daughter files her I-130, they are reviewed by the office in Fairfax and they could be called in for an interview. We live in the state of Virginia. He said that the I-130's are sent to Fairfax to be reviewed. Because he is illegally here, they could detain him right then and there. He suggested that my son-in-law be prepared to leave a couple of days prior to them filing the I-130.

Does this make sense to any of you. I haven't found anything on this site pertaining to this.

Please advise. They have been married for almost 2 years.

Thank you.

[kitkat1]

Please provide me some input. I spoke with our attorney today about my daughter filing an I-130. The attorney said something to me that has me very upset because this is the first time I have heard of this. He said that when my daughter files her I-130, they are reviewed by the office in Fairfax and they could be called in for an interview. We live in the state of Virginia. He said that the I-130's are sent to Fairfax to be reviewed. Because he is illegally here, they could detain him right then and there. He suggested that my son-in-law be prepared to leave a couple of days prior to them filing the I-130.

Does this make sense to any of you. I haven't found anything on this site pertaining to this.

Please advise. They have been married for almost 2 years.

Thank you.


I-130s are filed with National Service centers, not local offices. Occasionally people are called in for interviews, but from what I've read it's very very rare. Perhaps the lawyer is confused and is thinking of an AOS interview?

[djones9714]

Kitkat: I have spoken to you a few times before. I am always grateful for your valuable information. I just don't understand. I explained everything to him and told him that I thought he wouldn't have to go back to Guatemala until after they set him up with an interview date, etc., etc. I think he clearly understood what I was saying.

I guess I am now back on towards another attorney. I have a meeting set up with Jose Pertierra the beginning of September whom I have met with on a couple of other occasions and then another appointment with Jay Marks. My son-in-law feels more comfortable with these 2 attorneys since they appear on Univision all the time.

Thank you. I am a person easily stressed out because we are talking about my daughter and the man of her dreams -- my son-in-law. I never thought I could love 2 people in life so much.

Thank you.

[angela256z]

I have three family members that filed I-130 in the US for their El Salvadorian husbands. None of them had to prove extreme hardship in their cases because of TPS, but they were brought in for interviews in which they had to prove a bona fide marriage. One of them was detained. I don't know the full circumstance, but I believe it had to do with he broke up with his girlfriend of 3 years and 4 weeks later married his wife. He was released back into the United States and was not deported, but this to me seems like a completely different situation. I am not sure if what that lawyer is saying is true. You should not have an interview in the US unless you are doing the I-129F route and that is the AOS interview I believe.

[djones9714]

Thank you for your reply. I guess maybe the lawyer is preparing us for the WORST, WORST scenario. Everything I have been reading about this says the interview is only during the I-485. I noticed that you have just filed your I-130. Good luck. I saw the pictures of your children. They are adorable.

I love children and I am hoping for grandchildren soon. I CAN'T WAIT.

[angela256z]

Djones - Your welcome for the help and thanks for the good luck. My kids will be our next venture. We hope to have them here soon after we finish with my husband.

[kitkat1]

Kitkat: I have spoken to you a few times before. I am always grateful for your valuable information. I just don't understand. I explained everything to him and told him that I thought he wouldn't have to go back to Guatemala until after they set him up with an interview date, etc., etc. I think he clearly understood what I was saying.

I guess I am now back on towards another attorney. I have a meeting set up with Jose Pertierra the beginning of September whom I have met with on a couple of other occasions and then another appointment with Jay Marks. My son-in-law feels more comfortable with these 2 attorneys since they appear on Univision all the time.

Thank you. I am a person easily stressed out because we are talking about my daughter and the man of her dreams -- my son-in-law. I never thought I could love 2 people in life so much.

Thank you.

djones, your daughter and son-in-law are extremely lucky to have such a caring parent in their lives. You're right that it's possible the attorney was describing the possible worst-case scenario, but if that's what he meant, he should have made that clear.

As you are doing, it's well worth your time to consult with several qualified lawyers, especially if there is someone your son-in-law feels more comfortable with. Just keep in mind that lawyers make mistakes too and you should ask a lot of questions about their experience. I would even go so far as to "test" them i.e. ask about waiver filing in Ciudad Juarez to see if their first response is regarding the CDJ pilot program. I am constantly shocked at how much misinformation immigration lawyers provide. (I recently read an online chat transcript of a chat with two well-known immigration lawyers, who told one poster that she would be filing her waiver in Vermont even though her consular processing was outside of the US, and another who said waivers in Ciudad Juarez are almost never approved). It never hurts to post here, as you did, to get the collective input of people who have been through it!

Best of luck to you and your family.

[djones9714]

Kitkat: I appreciate your saying that my daughter and son-in-law are lucky. However, I feel so lucky. They are my life. I feel blessed to be a mother and I would rather stress for the both of them in order for them to have a full life without stress. There is enough stress in the world these days. I truly have been blessed with 31 years of marriage; 2 wonderful kids; a wonderful son-in-law who I love like a son and hopefully one day I will have grandchildren.

I feel like I know so many of these people already. It makes me so mad and sad when I hear about some of the horror stories that people are having to go through.

I just found out today about another approval from Guatemala and I am keeping our fingers crossed.

Thank you as always for your advice. I have been reading a lot of your stuff to other people and you are the best. Are you sure you don't want to go to law school to be an attorney? Or better yet, are you already?

[kitkat1]

Thank you as always for your advice. I have been reading a lot of your stuff to other people and you are the best. Are you sure you don't want to go to law school to be an attorney? Or better yet, are you already?


:D

That's very sweet - thanks. Also made me chuckle. In another life I might make a good lawyer, but not this one! But I know how confusing/complicated/difficult this whole situation is and how much research and clear thinking it requires. I did a TON of research and reading before I started all of this, and I'm happy to share the knowledge! Who knows, maybe some day down the road I'll open a small consulting business, helping people going through the process?

[Dorisrod88]

My husband is from Honduras I married him on Nov 2007. He entered the USA illegal on 2003. We filed for I 130 and I heard that when we go to the first interview he was going to be detained and after that deported. I also heard that when he left the country he had to live in Honduras for 10 years before he could come to USA againg legally. Is it true? [/COLOR]

[Lachulagreeneyes]

You mean you married in november 2006 right? LOL
How many times has your husband came to the U.S. and when. Has he ever been deported before. Your husband can stay here until the interview in Honduras, but there is always a chance of him getting caught and deported. When he goes to interview, he will be denied a visa but he may be allowed to file a waiver depending on the circumstances. If he does qualify for a waiver but the waiver is NOT approved then yes he would have to wait out the 10 year ban.

[angela256z]

My husband is from Honduras I married him on Nov 2007. He entered the USA illegal on 2003. We filed for I 130 and I heard that when we go to the first interview he was going to be detained and after that deported. I also heard that when he left the country he had to live in Honduras for 10 years before he could come to USA againg legally. Is it true? [/COLOR]


Your interview should happen in Honduras. After you file the I-130 and you complete all the required forms then you should be assigned an interview in Honduras and he will have to return home for that interview. His entry in 2003 was that if first and only entry or does he have prior ones? If he entered the US after April 1997 and then left more than a year later some time and came back in 2003 then he will not be eligible for a waiver, but if this is his first entry or he entered and exited prior to April 1997 he will be eligible.

[wanaads]

djones: I also live in Northern Virginia. I sent my I-130 to the Vermont Service Center. About five months later it was transferred to CA and approved shortly thereafter. Never had to do a meeting in Fairfax or anything like that. And, to be honest, I thought given our age difference (he's 13 years younger!!) we might have to prove bona fide marriage. But so far, knock on wood, everything has been very straightforward with no surprises.

Doris: My husband is from Honduras also. As Angela says, his interview will be at the consualte in Tegucigalpa. His 10-year ban starts when he leaves the US. At the appointment in TGU, he will be denied entry because of his EWI and you will then need to file the I-601 Waiver of Inadmissability along with a hardship letter, outlining (with documentation) the extreme hardship it would be for YOU to wait out his 10-year ban with him in Honduras. (There's tons of great information about this in the I-601 threads.) Also, it's important to keep in mind that he can still deported between now and the time he leaves for his appontment at the consulate - the fact that you've started the process to make him legal means absolutely nothing to ICE.

When did you file your I-130? Has it been approved yet?

[djones9714]

Wanaads: What a small world this is. Someone else from Northern Virginia. Great. One question: Why did you file a I-129f also? Just wondering. Did you have to do this? What country are you going to have to file your waiver?

[wanaads]

Yeah, it is a small world - I think there are (or were, at least) some other people in our area.

I filed the I-129F because I was impatient and thought it might get us the appointment sooner. Then, a few weeks later, I got my I-130 approval and things seem to be moving along with that and I've gotten no movement on the I-129F. Go figure! You definitely don't have to do it, but it seemed that for awhile those approvals were coming faster than the I-130 approvals. I wrestled with it for awhile and then, as I said, got impatient and filed it. We'll be filing our waiver in Honduras.

[Paige]

Our lawyer told us too that my husband might get called for an interview here, but I think they only do that if they question whether the marriage is legitimate. Put together a really good I-130 package with lots of proof of the relationship and try not to worry too much. Just know that it could happen, but it's not very likely. My opinion is that the value of your son-in-law being able to spend more time here with your daughter up until the interview outweighs the slight risk that he will be detained before then. I am living the experience right now of being without my husband while he waits for his interview in El Salvador. Today we hit the 9 month mark and we are still waiting. Its hard. His I-130 was approved when he left, but it is still taking a long time for the interview. Just so you know, my husband was put in removal proceedings because of denial of TPS, it didn't have anything to do with the filing of the I-130.

[djones9714]

Paige: Did you attorney recommend to you at all when your husband was put into removal proceedings to try cancellation of removal since he had been here for 10 years? I don't know if your husband would have qualified because they are harsh on the requirements but this is one thing I am going to check with my attorney about just in case something bad does happen and for one reason or another he is caught before he has to go back to his home country.

[Paige]

djones, our lawyer did talk to us about cancellation of removal, but he said it would be next to impossible for my husband because he said you need to have had good conduct, paid taxes and be able to prove you were here for 10 years to even have a chance. Unfortunately, my husband doesn't have any proof of his first couple years here, didn't file taxes until the last 3 or 4 years and he has a prior criminal record. We knew we would just be wasting our money to try. I sure hope it works out for you though.